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Bombay High Court

PR. COMMISSIONER OF INCOME TAX-3versusJAYPRAKASH N LAKHANI

Decided
Disposal
WITHDRAWN

Holding

The appeal stands disposed of as withdrawn.

Summary

The Commissioner of Income Tax-3 appealed against Jayprakash N. Lakhani, but the respondent had already paid the disputed tax amount under the Direct Tax Vivad Se Vishwas Scheme, 2020. The appellant’s counsel moved that the appeal be withdrawn on that basis. The court accepted the withdrawal and disposed of the appeal as withdrawn. The judges noted that any substantial questions of law raised remain open for determination in a suitable proceeding. The court also directed that any court‑fee refund, if applicable, be granted upon application by the appellant.

Issues considered

  • Can an income‑tax appeal be withdrawn after the disputed tax has been paid under the Direct Tax Vivad Se Vishwas Scheme, 2020?

Subjects

  • Income Tax
  • Appeal withdrawal
  • Direct Tax Vivad Se Vishwas Scheme 2020
  • Tax settlement
  • Court fees

Judgment

                                                                    51 ITXA 3295-18-OS.DOC




                                                                                Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION


                                   INCOME TAX APPEAL NO. 3295 OF 2018
                      Pr. Commissioner of Income Tax-3                       …Appellant
                            Versus
                      Jayprakash N. Lakhani                                …Respondent


                      Mr. Akhileshwar Sharma, for the Appellant.
                      Mr. Siddharth Seshadri i/by Pan India Legal, for the Respondent.


                                          CORAM:        SUMAN SHYAM &
                                                        GAUTAM A. ANKHAD, JJ.
                                          DATED:        17th SEPTEMBER, 2026.
                      PC:-

                      1.     Mr. Akhileshwar Sharma, learned counsel appearing for the

                      Appellant submits that the Respondent has already deposited the

                      disputed tax amount i.e. the Principal amount under the Direct

                      Tax Vivad Se Vishwas Scheme, 2020 and therefore, he has

                      instructions to withdraw the Appeal.


                      2.     The submission of Mr. Akhileshwar Sharma, learned counsel
         Digitally


PRIYA
         signed by
         PRIYA
         RAJESH
                      has been supported by Mr. Siddharth Seshadri, learned counsel
RAJESH   SOPARKAR
SOPARKAR Date:
         2026.09.17
         17:40:44
         +0530

                      appearing for the Respondent.




                                                   Page 1 of 2
                                              51 ITXA 3295-18-OS.DOC




3.    In view of the above, this Appeal stands disposed of, as

withdrawn.


4.    The formulated substantial question(s) of law is/are,

however, kept open to be decided in an appropriate proceeding.


5.    Refund of the Court fees, if applicable, be issued, in

accordance with Rules, if an application is made by the Appellant

on that behalf.




(GAUTAM A. ANKHAD, J.)                      (SUMAN SHYAM, J.)
                                                                   {




                            Page 2 of 2


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